Hopes are high that end of PPS 14 is near
RURAL anti-planning law campaigners were celebrating what they see as the end of the hated PPS 14 planning policy – which clamped down on the building of new homes in the countryside – after a High Court decision yesterday.
It was the second blow to the Government after another High Court decision ruled that plans for future development in two large areas of Northern Ireland were unlawful.
In the PPS 14 case, brought by Omagh District Council, Mr Justice Gillen ruled that the Department of Regional Development was acting beyond its legal powers in introducing and administering the policy.
He also criticised the “character” of PPS 14, but refrained from striking it out in a move which would have caused chaos in the Planning Service, and possibly the courts as disgruntled applicants sought legal remedies over past rulings.
Government sources played down the judgement, saying that while the DRD had been found to have been acting outside its remit, PPS 14 was still in place.
It is thought the Department of the Environment will now take over the administration of PPS 14 and any successor.
A Government insider did admit, however, that PPS 14 “was on its way out, even before this came to court” as a ministerial group had been examining alternatives to the policy.
Mr Justice Gillen has now asked both parties to come back next week and make their case for and against striking out PPS 14.
It is expected the Government will ask that he leave it in place until an alternative is available to prevent creating a legal vacuum.
DoE Minister Arlene Foster said that her understanding is that the judge has yet to decide whether or not to quash PPS 14.
Mrs Foster said that she will ensure that the two departments will liaise in respect of remedies.
However, she made it clear that until the issue of remedies has been determined the Planning Service will still take PPS 14 into account when it is deciding applications.
She also added that she is currently participating with other ministers in an Executive sub-committee which is looking at the whole policy of single dwellings in the countryside.
Environmental groups that originally welcomed PPS 14 said they were disappointed at the ruling, but the Ulster Farmers’ Union unequivocally welcomed the High Court decision.
UFU President Kenneth Sharkey said: “We are pleased that PPS 14 is to be removed.
“The onus is now on the Assembly to replace it as quickly as possible with a balanced rural planning policy, which will have the flexibility to allow development in rural areas in appropriate circumstances.”
He said: “We certainly do not support a planning free-for-all, but PPS 14 was fundamentally flawed and ill-conceived because it was effectively an outright ban on any new development in rural areas.
“This would, for example, have excluded young families from living and working in their rural communities and this would have been disastrous for the long term well being of these communities.”
A Department of Regional Development spokeswoman said: “We are studying the judgement and will consider our position in due course.
“The Executive has agreed to the establishment of an Inter-Departmental Group chaired by DRD Minister Conor Murphy to take forward the development of rural planning policy.”
In the second body-blow to the Government, Mr Justice Weatherup ruled the Northern Area Plan 2016, which covers the council areas of Ballymoney, Coleraine, Limavady and Moyle, and the Magherafelt Plan 2015 were unlawful as the Planning Service was not lawfully entitled to consult with other bodies like the Environment and Heritage Service which were part of the Department of the Environment, and instead should have consulted with bodies with independent status.
Solicitor Gary McGhee, head of planning in the firm of Carson and McDowell, said it was a landmark judgement which would have massive legal implications for all of the draft plans in Northern Ireland, many of which would probably have to be withdrawn.
Mr McGhee said the judgement would also have implications for the rest of the United Kingdom as the action was the first of its kind to be taken in any court.
Seymour Sweeney, managing director of Seaport Investments, called for the immediate withdrawal of the Northern Area Plan which he described as “discredited and unlawful”.
Following yesterday’s outcome campaigners said they now have new hope that an acceptable solution to the problem can be found.
Bert Wilson, chairman of Omagh Council, said outside the court: “This indicates our stand on this position.
“We didn’t take this action lightly, the general public were asking for this.
“I have been inundated with calls, many from young farmers who now can’t live on their own farm.”
He added: “We are not advocating a planning free-for-all, but planning which is based on local development plans proposed by councils which will ensure that our rural communities can continue to thrive and be sustainable and that the traditional rural way of life is protected and safeguarded.”
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Monday 28 May 2012
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